Sandipan Talukdar | SabrangIndia https://sabrangindia.in/content-author/content-author-28764/ News Related to Human Rights Mon, 03 Jul 2023 07:36:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Sandipan Talukdar | SabrangIndia https://sabrangindia.in/content-author/content-author-28764/ 32 32 Assam: Resistance to Evictions Echoes over Silsako Beel https://sabrangindia.in/assam-resistance-to-evictions-echoes-over-silsako-beel/ Mon, 03 Jul 2023 07:36:30 +0000 https://sabrangindia.in/?p=28172 The people belonging to lower socio-economic strata ultimately bear the brunt of the government’s long-term apathy followed by drastic and arguably destructive measures.

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The massive eviction drives at Silsako in Guwahati, the capital city of Assam, in February-March this year, continue to haunt the people who watched the bulldozers tear down their or their loved ones’ houses. For the past four months, many evictees have been camping at the site, demanding compensation and rehabilitation. Some of those who lost their homes and hearths have managed to arrange rented rooms, while others still stay at the site, sheltered under tents, amidst the torrents of the monsoon rain in Assam.

Silsako, a natural lake (Beel in Assamese) located in Guwahati, plays a crucial role in the city’s water system. However, the discourse around the lake has transcended its physical boundaries and become an assemblage of several issues. These encompass human rights, ecological restoration of the city, flood mitigation, and the rights of the indigenous people. Let us explore how Silsako has evolved into a contentious space.

SILSAKO EVICTIONS

The eviction drives at Silsako Beel are not new; in fact, they can be traced back to 2008-2010 – during former CM Tarun Gogoi’s term. However, the earlier drives were not as massive as the recent ones, where nearly 600 houses have been demolished.

We can trace the series of recent eviction drives back a year to May 13, 2022. Approximately 100 homes were demolished by the Guwahati Municipal Development Authority (GMDA) then. The locals claim that they received no prior notice, and most affected families have been homeless ever since. Then, an unprecedented and massive drive took place between February 27 and March 2 this year. “During those four days, over 500 houses were reduced to rubble,” said Naina Begum, a resident of the area.

The Gauhati High Court had stayed the eviction drive against 10 petitioners, who had residential houses in Silsako Beel, but only till March 3, 2023.

NewsClick visited the areas near Silsako Beel in June. Upon seeing the site, it was impossible to imagine that there had once been a bustling colony with many families. The entire patch of land appeared desolate and barren.

Silasko
Silasko Beel

The sites where the evictees’ houses stood before March 2023.

At the site, one can also see a huge pond, which, according to the locals, was dug by the administration between 2021 and 2023. Jyoti Xan, Ibrahim Ali, Abedur, and Sankar Das among others who have been residing in the area for a long time, informed NewsClick, “This was previously a grazing field and is far from the houses that were demolished. The pond is the intended location for the much-hyped water park.”

Silasko Beel
Silasko Beel

The pond dug by the GMDA.

In addition to those who lost their homes during the evictions, some locals in the area, fearing further evictions, have been staging a protest at the site. It has been four months since people started camping here in protest, and a few meters away, another tented camp can be seen, with police and intelligence bureau personnel keeping watch.

Silasko Beel

THE QUESTION OF LAND RIGHTS

The government claims that clearing the lake of encroachers is necessary for ecological restoration and to address Guwahati’s artificial flood issues under the ‘Mission Flood Free Guwahati’ However, the evictees and those who fear further evictions argue that they should not be solely blamed for both the ecological devastation and the floods.

The Beel is connected to channels that bring water to it and channels that carry water to the Brahmaputra River.

The conflict arose from the enactment of the Guwahati Water Bodies (Preservation and Conservation) Act of 2008, with an amendment in 2010. Silsako Beel came under the jurisdiction of the act as a wetland to be protected. However, questions arise regarding the boundaries of the protected area of the wetland and the rehabilitation of the people uprooted from their homes.

Naina Begum, a resident of the Borbari area near Silsako, has emerged as one of the prominent voices in the protest camp. Speaking with NewsClick, Naina said that her family settled in the area between 2007 and 2008, and she currently resides there with her husband and family. She mentioned, “Our plot of land was purchased by my uncle from my grandparent. When I first arrived here, I was quite young. We used to see paddy fields, but I cannot recall ever witnessing a flood.”

When asked about the presence of people before 2008—when the act was introduced—Naina confirmed that there were indeed people residing in the area. However, she added, the settlement began to grow significantly after 2006.

Interestingly, the houses that were demolished this year had holding numbers provided by the Guwahati Municipal Corporation (GMC) and electricity connections. Naina questioned, “How could the GMC provide holding numbers if these houses were located in protected areas?” She informed NewsClick that the electricity connections and holding numbers were assigned in 2010-11. Another crucial point highlighted by Naina and others is that the Public Works Department (PWD) constructed roads in the area as recently as 2019. Naina asked further, “If they intended to destroy these houses, then what was the purpose of these developments?”

Ibrahim Ali, who claims to have been residing in the area for a significant period, witnessed the demolition of his house during this year’s eviction drive. “Back in 2007, some of us who were living here approached the Deputy Commissioner, urging that our land should also be granted ‘myadi patta’ (official land ownership). We have seen wealthy individuals receiving such titles for government-owned land. Unfortunately, our request was not fulfilled. While we remained as settlers, the privileged ones were granted the ‘myadi patta’,” he alleged.

Ali also informed NewsClick about the paddy cultivation activities that many of them were involved in. However, these practices came to a halt around 2013.

NewsClick also spoke to Upamanyu Hazarika, a Supreme Court lawyer and convenor of the Prabrajan Virodhi Manch (PVM). Hazarika raised some critical questions regarding the eviction drive and the lack of clear demarcation for the boundary of the protected wetland. He argued that the eviction drive exhibited discrimination against the indigenous people, as those affected possessed holding numbers, electricity connections, and had access to roads; yet, they did not receive prior notice. Hazarika questioned, “Is this not a flagrant violation of people’s rights?”

Furthermore, he highlighted the case of Jayanta Malla Baruah, a Cabinet minister of Assam, who had constructed his house along the Beel stretch. “When did he buy the land and when did it get myadi? Was it before 2008? Remember Baruah became an MLA after 2009,” he said. [Jayanta Malla Baruah won his first Legislative Assembly seat in 2011.]

Akash Doley is a member of the Krishak Mukti Sangram Samiti (KMSS) and an active participant in the Silsako protest camp since its inception. According to him, “We have the document of paying ‘khajna’ (land revenue tax) by Mohuwa Mikir as early as 1971. His descendants are still here. Actually, what happened is people like Mohuwa Mikir came early and then occupied lands and thereafter they sold it off in pieces. There was another named Asgar Ali who did the same. These are indigenous people and now they are facing troubles.”

Doley said that on July 16, 2021, during the first Assembly session after Himanta Biswa Sarma became the chief minister of Assam, he had said that [documents for] people’s rights on land will be provided. This was after the finance minister announced evictions for the protection of wetlands. “Sarma must have said what he said keeping in mind the GMC election in 2022,” he suggested.

Akash informed NewsClick that the residents of the area used to vote in the Dispur Assembly constituency. “During the campaign for the GMC election, Sarma had also spoken about finding a solution to the issue while interacting with one of the residents here,” he claimed.

THE ANATOMY AND HISTORY OF SILSAKO BEEL

Where is the Silsako Beel located, and what ecological importance does it hold? How does it contribute to Guwahati’s flood situation? Has the Beel been encroached upon and polluted? The answer is yes, there was indeed a Beel, but its history reveals a specific geography and a legacy of human interference.

According to Professor Sarat Phukan, Department of Geology, Gauhati University, a PhD thesis written by Memma Singh compiles extensive research on the Silsako Beel.

Contrary to the common perception and typical characteristics of natural lakes, the Silsako Beel exhibits an elongated geography – as revealed in the maps presented in Singh’s research.

 

Silasko Beel

The Silsako Beel:1912 vs 2011. Image credit: Memma Singh.

Over time, the wetland has experienced changes in land use patterns, and it is evident that urban growth has exerted pressure on the Beel.

Silasko Beel
Silasko Beel
Silasko Beel

The images above present a compelling narrative about the wetland, highlighting a significant increase in built-up land area that occurred predominantly before 2005. These images also corroborate the accounts of local residents regarding the practice of paddy cultivation. This raises the question of whether there was a sudden surge of interventions at the wetland prior to the year 2000.

A few elderly locals told NewsClick that the area had served as the main waste dumping ground for Guwahati city, possibly before 2000. Some even mentioned an announcement during the tenure of the Prafulla Mahanta-led government (around 1996) about a stadium at the site, although this claim could not be verified. Nonetheless, waste dumping emerged as a significant issue during that period.

Partha Das, head of the Water, Climate, and Hazard Division of Aranyak, a leading environmental and scientific research organisation based in Guwahati, said, “The dumping issue in and around Silsako became a serious issue and posed a threat to the wetland. We campaigned elaborately on the issue, and later the dumping was shifted to Boragaon-Gorchuk area near the Deepor Beel (another important wetland in Guwahati).”

Das further stated, “The Beel has to be restored to its near-natural condition if we expect its biological productivity to be retained. The Beel supports a wide range of biodiversity.”

He added, “Making it a clear body may have implications for flood mitigation, but the challenge is to restore it to its natural wetland form along with the hydrological channels linked to it, which carry a huge volume of stormwater coming down from the nearby hills, including those of Meghalaya. Additionally, the feeder channel ‘Bondajan’ also needs to be revived, and timely cleaning of the channels is pertinent to mitigating artificial floods in the city.”

The Silsako Beel encompasses multiple inlet and outlet hydrological channels. The inlets play a vital role in recharging its water, while the outlets are responsible for carrying away any excess water. The primary outlet, known as the ‘Bondajan,’ meets the Brahmaputra River, facilitating the discharge of the surplus water.

The degradation of this significant wetland and the resulting loss of its rich biodiversity can be attributed to a lack of long-term vision and government planning. Earlier reports highlighting the deterioration of the Beel raised concerns about its environmental condition. However, it is the people belonging to lower socio-economic strata who ultimately bear the brunt of the government’s long-term apathy followed by drastic and arguably destructive measures.

One of the issues central to the recent developments has been the inconsistency in the demarcation of the wetland’s boundaries. The Guwahati Master Plan 2025 says that the Silsako basin covers 6,534 hectares. The early reports say that 440 bighas of land were notified to be under Silsako Beel. However, the action plan for Silsako Beel produced by the Pollution Control Board, Assam (PCBA) stated: “Silsako Beel is spread over an area of 1,000 Bighas of land as per the revenue records. The notified area of Silsako Beel as per the Guwahati Waterbodies (Preservation and Conservation) Act 2008 has been mapped in Geographical Information Systems (GIS) by GMDA and ASTEC. The report was submitted to GDD, DC (Kamrup) (Metro) in July 2015. As per the report, there is no existing physical demarcation of the water body and it is encroached at several stretches.”

Silasko Beel

The Assam Gazette notifies the Guwahati Waterbodies (Preservation & Conservation) Act, 2008.

According to recent reports, the notified area for the Silsako wetland is approximately 1,800 bighas, out of which 1,200 bighas are currently “under encroachment”. The reports also indicate that during the eviction drives, 100 metres on each side of the water channel (Bondjan) were cleared. However, locals have contradicted these claims, stating that more than 100 metres of land on each side of the channel were actually vacated in the latest eviction drives.

BIGWIGS GET A PASS?

Suprakash Talukdar, state general secretary of the CPI(M), told NewsClick, “The Beel issue is quite complicated and old. There should have been proper planning instead of sudden massive eviction drives targeting people with limited incomes. Why could the government not formulate a housing plan beforehand? They have given lands in Assam to the likes of Baba Ramdev. How can one fully trust that the freed land won’t be handed over to big corporates?”

Bibek Das, state general secretary of CPI(ML), pointed out that Himanta Biswa Sarma held a prominent position as the minister of GMDA in the Tarun Gogoi-led government. “He had significant power and nothing could be done without his consent. So, how is it possible that he did not pay any attention to the Beel, especially after the implementation of the preservation act of 2008? Furthermore, he promised to provide land ownership certificates to the people before the election. Now, the evicted individuals are left to fend for themselves.”

According to Das, people in the state Assam still await proper compensation for the lands they lost during highway expansions. “How can we believe that he will provide settlement to the evictees?” he asked.

Bidyut Saikia, general secretary of the KMSS, who has been in the Silsako protest camp for the last three months, asked why the buildings of Himatsingka and the business ventures of Badaruddin Ajmal are spared in the evictions. He stated, “The Himatsingka building (Ideal Hill View) is a 17-storey residential complex and if you see the site, then you will find it stands just at the bank of the channel (Bondajan). The Bondajan is filled by 250 metres to reach the house of minister Jayanta Malla Baruah. Does the government want to say that the ordinary people are a threat to the wetland, but not the bigwigs?”

“Actually, this government is not interested in the indigenous people of Assam, rather they are good friends of the big corporate lobbies, and we fear that the cleared land will be handed over to such lobbies,” he said.

The Silsako evictions, along with the speculations over government plans, raise more questions than answers – questions that cannot be easily dismissed.

Courtesy: Newsclick

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Assam: Delimitation of Assembly, Parliamentary Seats, Merging of Districts Raise Apprehensions https://sabrangindia.in/assam-delimitation-assembly-parliamentary-seats-merging-districts-raise-apprehensions/ Wed, 04 Jan 2023 07:18:52 +0000 http://localhost/sabrangv4/2023/01/04/assam-delimitation-assembly-parliamentary-seats-merging-districts-raise-apprehensions/ The Assam government notification of December 31, 2022, suggests that almost 100 villages have been realigned with different districts from the existing ones.

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Assam Chief Minister Himanta Biswa Sarma during a press conference in New Delhi.
Assam Chief Minister Himanta Biswa Sarma during a press conference in New Delhi. Image Courtesy: PTI

Two issues have caused widespread apprehensions across Assam; the parties in opposition, critics and concerned people have raised their concerns after the declarations of the delimitation process in the state along with the decision to merge four districts with four others. These issues are woven together and can not be seen in isolation.

On the eve of the New Year, Assam’s chief minister (CM), Himanta Biswa Sarma, declared the merging of the four districts: Bajali, Biswanath, Hojai and Tamulpur, with Barpeta, Sonitpur, Nagaon, and Baksa. He, however, said that the decision is temporary. Sarma was in Delhi along with the cabinet ministers, and the press conference happened after the Assam cabinet meeting held in Delhi.

As told by Sarma, the reason for the decisions was to comply with the EC (Election Commission) notification that has banned creating new administrative units in the state until the delimitation exercise is completed. The EC ban has been effective from January 1, 2023. The question that emerges immediately is why the districts created earlier have to be merged. Even if the EC ban is effective, how do the existing districts violate the norms? They are anyways no new administrative units.

Notably, the CM declared that several villages had been separated from the districts they used to come under and included with other districts. For example, six villages in the Barpeta districts are now part of Bongaigaon.

The Assam government notification of December 31, 2022, suggests that almost 100 villages have been realigned with different districts from the existing ones. The local people have also registered protests in several districts after learning about the realignments. The other part of the issue is the delimitation itself. There are more questions than answers. Why the sudden haste of conducting delimitation at this point? Why had delimitation not happened in Assam since 1976?

The Background

Delimitation is a periodical process conducted throughout the country, where the Assembly and Parliamentary constituencies of the states are reframed. The last delimitation in India started in 2002, and the basis was the census report of 2001. Till 2008, most of the states witnessed the completion of the delimitation process, baring Assam and a few other states of the northeast.

Coming to the context of Assam, the delimitation of 2002 was opposed in unison by various regional organisations, civil societies and political parties. Protests on the street also reverberated inside the state Assembly, and a resolution was taken not to continue the exercise. Notably, the then speaker of the Assam Legislative Assembly, Tanka Bahadur Rai, sent a letter to the chairman of the delimitation commission on May 16, 2007. The letter, based on the all-party resolutions taken on May 11, 2007, urged the commission not to continue with the exercise.

The point of disagreement was that without upgrading the NRC (National Registry of Citizens), the delimitation of constituencies does not have any meaning. Speaking to NewsClick, Lurinjyoti Gogoi, the president of AJP (Asam Jatiya Parishad) and a former AASU (All Assam Students’ Union) general secretary, said, “On May 5, 2005, there was a meeting with the then PM Manmohan Singh. AASU was also a part of it, and the concerns of the people of Assam were raised there. Why the delimitation would be futile without the NRC being updated was clearly conveyed to the PM.”

Lurin also said that there had been pilot projects at Chaygaon and Barpeta.

“But as the NRC upgradation process also started at that time, a consensus was built up that first the NRC and then the delimitation. The foreign immigration issue has been at the centre stage of Assam’s politics since the 80s, yet it has not been resolved,” Lurin said.

Santanu Borthakur, a senior advocate at the Gauhati High Court, said, “The delimitation process started in 2005 was contested at every level in Assam. The primary concern was the NRC, which has not been resolved yet. There was also a case at the high court that later went to the supreme court and a stay order over the exercise was in place. The supreme court recently removed the stay order, and the process restarts. However, it will again be based on the 2001 census report. Stay order over delimitation was also in place in Nagaland.”

Foreigner issues and the NRC occupy much of Assam’s politics even now. However, there need to be visible signs of getting the issues resolved. Pertaining to these, the delimitation process was halted in Assam. The delimitation commission even produced a draft in 2007, and protests and bandhs intensified hereafter, and the Assembly also came out with a resolution to not continue with the exercise. Thus, Assam could not see the delimitation during 2007-08. Since then, the process has been stalled.

The Present Conundrum

With the declaration of the delimitation and merging of districts, debates have reemerged in Assam. However, few protests or movements could be seen this time, though citizens of the concerned districts and villages have organised demonstrations. The apprehensions revolve around certain points—first, the delimitation will be based on the 2001 census. Then how will it be different from the earlier one? Second, the NRC has not been finalised yet, so the basis of opposition to delimitation in 2005 has not been withered. Third, will the exercise safeguard the indigenous people, as CM Himanta Biswa Sarma said?

Yes, these points still hold. Notably, the AASU has not been so vocal this time. It was the main force of movements in 2007 after the draft was produced.

According to a report in the leading Assamese daily newspaper, Amar Asom, Himanta Biswa Sarma said that he informed AASU before the declaration of delimitation. However, Samujjal Bhattacharya, the chief adviser of AASU, declined this.

Nevertheless, there have not been any organised protests led by AASU this time. It is also worth mentioning that AASU was invited to a meeting with the CM and other ministers last year. Allegations are there that even the media was not informed about this meeting. And it is not quite known what was discussed.

Opposition parties feel something is fishy about the re-initiation of the delimitation process.

“This move is purely politically motivated,” said Suprakash Talukdar, the Assam general secretary of the Communist Party of India (Marxist) (CPI(M)).

Talukdar further questioned the dubious stand of the Bharatiya Janata Party (BJP), saying, “In 2005, BJP was also opposing the delimitation process. Their arguments also hovered around the NRC and the 2001 census. Have those changed? Won’t the delimitation this time be based on the 2001 census? The NRC is still in limbo. Then how come BJP supports this time? The BJP’s double standard has been exposed this time.”

“It is now well known that BJP has unprecedented control over the organs of the state machinery. The election commission is also in favour of them. Can we be sure that the process does not involve any vested political interest?”

Borthakur also said that the delimitation could be crafted so that the constituencies where the minority has a decisive role will be reframed. “The process may benefit the BJP in the short term,” Borthakur said.

On the other hand, before initiating the process, there was no referendum or process involving the people’s opinions. Assam’s case has been particular, and even after the exercise was pending for such a long time, taking people’s opinions was not even considered. “The entire process has undermined the democratic ethos,” Gogoi commented.

“It is being carried out hastily, only targeting the 2024 general election. The BJP will try to advance their political agenda through it. We reaffirm that if delimitation has to be carried out, then it should be for the benefit of Assam’s people, not for the benefit of BJP.”

“And see how hundreds of villages have been reassigned with different districts overnight. And why have they merged the districts? There are financial issues as well. The state’s economic condition is really poor, and running district administrations involve money, which the government may have tried to reduce,” Gogoi said.

The opposition leader of the Assam Assembly, Debabrat Saikia, also raised similar concerns. Apart from demanding a clean process, he reiterated the pain and agonies of people involved in movements for separate districts.

“Districts have complicated historical facts involved and long struggles of people. The Bajali district was announced during Sarbananda Sonowal’s regime. Before the anti-CAA movement, a young guy lost his life in a protest demanding a separate district. How can they forget that? The Bajali district and others were declared to please people during the CAA movement,” Saikia commented.

CM Himanta Biswa Sarma is trying to put forward the ‘protection of indigenous people’s sentiment. In his press address in Delhi on December 31, he said that the entire exercise of delimitation and merging of districts had been done with a heavy heart but for a larger cause.

On this point, Sushanta Talukdar, a prominent journalist of Assam, commented, “I think the ruling BJP wants to advance its electoral strategy of using the Delimitation exercise by trying to create a perception of protecting indigenous communities even though the exercise being just readjustment of constituency boundaries has a limited scope of redrawing boundaries on ethnic lines. Reservation of constituencies post Delimitation will create more complexities which will be difficult for the ruling coalition to ignore.”

“That is obvious given the oft-repeated statement by BJP to push the campaign that demographic threat to indigenous communities has come from erstwhile East Bengal origin Muslims. It remains to be seen what modalities the EC notifies for delimitation. Readjustment is not going to be permanent as a number of constituencies will go up after 2026,” Talukdar said.

Courtesy: Newsclick

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The Curious Case of Victor Das: Assam Whistleblower Slapped With Criminal Charges https://sabrangindia.in/curious-case-victor-das-assam-whistleblower-slapped-criminal-charges/ Wed, 14 Sep 2022 04:14:17 +0000 http://localhost/sabrangv4/2022/09/14/curious-case-victor-das-assam-whistleblower-slapped-criminal-charges/ Serious charges were slapped on the coaching centre teacher after he alleged corruption in the recently held Assam Direct Recruitment Examination.

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victor dasArrest of Victor Das. Image Courtesy time8.in, used for representation only.

Victor Das, a teacher at a private coaching centre, was arrested on September 9 by Assam Police and slapped with several sections of the Indian Penal Code (IPC). This has spurred widespread reactions from across the spectrum of society. Das invited imposition of serious charges upon him in his attempt to raise some alleged corruption in the recently held ADRE (Assam Direct Recruitment Examination) for various grade III and grade IV posts under the government of Assam.

In his tweets, Das raised the issue by tagging the chief minister, Assam Police, DGP Assam and GP Singh (Special DGP in Assam). The tweet caused a stir as people on social media started expressing their discontent over the matter and urged the government and the police to take a serious note of the issue. The police ultimately arrested Das, and the court sent him to police custody for seven days. Das has been in police custody for the past four days.

The Background

The Assam government conducted the ADRE for around 26,000 jobs in grade III and grade IV categories. Around 12 lakhs youngsters applied for posts through the much-advertised recruitment process. Ministers and officials came out with directives to ensure that this time the examination and the entire recruitment process go without an iota of corruption and malfunction at any step.

Notably, in an unusual happening, the government suspended the internet on August 21 and 28 of August. There was also resentment from different sections of society towards such a drastic step by the government, especially from those who depend overwhelmingly on the internet for their daily business.

It is worth mentioning that Assam CM Himanta Biswa Sarma came out with a lofty claim of giving jobs to one lakh youths during his election campaign in 2021.

Victor Das appeared as a spoiler in the whole episode of chest-thumping about conducting an anomaly-free examination. As a private coaching centre teacher, Das also taught students who appeared for the ADRE. He even seemed jubilant in his earlier tweets when the examination papers included questions he had taught the students. However, things did not appear as smooth and clean as it was thought and advertised.

On September 7, Victor posted a tweet alleging the involvement of a massive lobby in the corruption, including ex-MLAs. He alleged that in what appears to be a scam, there are demands of money from Rs 3 lakhs to 8 lakhs for securing one of the jobs for which the ADRE was conducted.

twt

Among all those tagged, including the CM Himanta Biswa Sarma, only GP Singh, the special DGP of Assam Police, was seen to have replied to Victor’s tweet, which still appears in the thread. GP Singh, in his reply, urged Das to provide specifics and details to be sent to his inbox. In his other tweets that alleged the leak of the ADRE question paper, responses from others could also be seen expressing the same apprehensions. A few of his students also replied, saying that the demand for bribe money for the job is genuine.

The issue took an ugly turn from here on. Das was summoned to a Guwahati police station as a part of an enquiry into the matter. After a daylong marathon questioning at the Panbazar police station, Das was arrested on September 9. On that day, the Twitter handle of Guwahati Police informed that Das has been arrested for spreading rumours and being involved in a conspiracy to create discord among various sections of the society.

twt2

Sections Imposed on Victor Das

Victor Das has been booked under sections 120B, 153, 153A, 384 and 505 of the IPC. Das is in police custody now as a court in Assam ordered him to be remanded for seven days. This is how a whistleblower ended up inviting charges of extortion, criminal conspiracy and intention to cause enmity between groups.

It is worth mentioning here that Das’s father died two years back, which Das alleges to be cold-blooded murder. He was often seen tweeting about the issue of his father’s alleged murder and he also said that he knew about the culprits.

Notably, in these earlier tweets, Das used to tag the same officials and the CM as he did in the recent case of alleged corruption in the ADRE.

His father, late Kumud Ch. Das, was an employee in the NF Railway and was in the process of uncovering a huge scam in his office, Das says in his tweets. The case is still not settled.

Right after Das was arrested, there has been widespread discontent among people, especially those who appeared in the ADRE with hope amidst acute unemployment in the state.

The opposition parties slammed the government, alleging that a complainant has been victimised. This is an obnoxious act of suppressing people’s voices, the opposition claimed in unison.

Akhil Gogoi, MLA from the Sibsagar constituency, in his press statement said, “There is no more democracy in Assam now. How would anyone come out with complaints now? This is an act of fear-mongering and blatant suppression of people’s voice.”

Interestingly, ministers and MLAs in Assam have also seen commenting on the issue where they vehemently reject the allegations made by Das. CM Himanta Biswa Sarma said, “Is it a James Bond film? There are no anomalies.”

On the other hand, the police versions, including those from high profile officials, said that Das was given ample time and scope to prove his allegations. “But he could not bring any substantial evidence in support of his allegations. The persons he named in his statement were also questioned, but from them nothing came out as well,” said one senior police official in Guwahati.

DGP Bhaskar Jyoti Mahanta also hummed the same tone. In a media byte, he said, “Victor represented the matter very wrongly.” Mahanta was also in focus regarding his earlier comment where he said that if anyone is found to be involved in tempering the exam by any means, they will be beaten badly.

Senior advocates of the Gauhati High court have also raised serious apprehensions of the police act, especially on the sections that have been imposed on a whistleblower. Krishna Gogoi, an advocate at Gauhati High Court, said in a statement, “Victor only raised an issue and came out with some allegations. How can a complainant be arrested in such a manner with those sections imposed? The question is who filed the FIR against him? Was there anyone who filed the FIR?” Gogoi also apprehended whether the CRPC norms are being properly followed.

Santanu Borthakur, an eminent lawyer of Assam, said, “Assam police is acting like jokers. The 153A is imposed when a person’s statement can create division between two groups or communities. How can Victor’s sayings have fomented enmity and conflicts between two communities? If this remains as a precedence, then it will be dangerous for democracy. How would people come out to give complaints to police hereafter?”

Police raided Das’s house at Dadara yesterday and seized his laptop.

Das’s arrest and his being in custody for seven days raised more questions and apprehensions in Assam. However, with this also, the issue of corruption and money being involved in the recruitment process through ADRE could not have been suppressed.

Even after Das’s arrest, there are a few students who came out with the same allegations. Recently, Jaya Kalita of Rangia (Kamrup district) also shared her similar experiences earlier, where she pointed to the MLA of her constituency, Bhabesh Kalita. Kalita is the president of Assam BJP. Reports said that the state BJP president has even filed a case against Jaya Kalita, claiming her allegations to be false.

In what direction the allegations and counter allegations will move can only be seen in future. The fate of the aspirants participating in the ADRE is also a matter to be watched. However, the much-hyped clean recruitment process of the ADRE has been challenged by some youngsters, which has visibly irked the government.

Courtesy: Newsclick

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